TERMS OF USE

PROJECT ADVENTURE
WEBSITE TERMS OF USE

 

Welcome to Project Adventure!

These terms and conditions of use (these “Terms of Use”) are a legal agreement between you (together with the business entity, if any, that you represent: “You” or “Your”) and Project Adventure (“We”, “Us”, or “Our”), located at 719 Cabot Street, Beverly, MA, 01915. These Terms of Use contain the complete terms and conditions applicable to Your access to and use of the features available at Project Adventure’s website located at www.pa-connect.org. The Terms of Use also establish the conditions under which You will access and use the information, text, graphics, photos, videos, and such other services, products, or materials as We may provide from time to time (the “Content”) and any related sub-domains, third party portals, or mobile applications through which the Content is or may be made available (collectively, the “Website”).

The Content is for Your own use only. You may not resell, lease, or provide Content in any other way to anyone else, except as expressly permitted in these Terms of Use.

 

1. Acceptance of Terms:

By using the Website and viewing the Content, You indicate Your unconditional acceptance of these Terms of Use and agree to be legally bound by all terms, policies, and guidelines incorporated by reference in these Terms of Use. We may update the Terms of Use at any time. Therefore please read them carefully, as they may have changed since Your last visit.

You may not assign or transfer Your responsibility under these Terms of Use in whole or in part to any third party. If you sign up for paid service, Your account is personal and cannot be transferred or assigned, directly or indirectly, to another person, whether by operation of law or otherwise. Any attempted assignment or transfer is null and void. These Terms of Use shall bind and inure to the benefit of the parties (You and Project Adventure) and their respective successors, permitted transferees, and permitted assigns.

If You do not agree with these Terms of Use in their entirety, You may not use the Website or the Content.

 

2. Scope of Services:

Project Adventure maintains this Website as a benefit to Our users, subject to these Terms of Use. Providing that You comply at all times with these Terms of Use, Project Adventure will provide You with access to the Content You are responsible for obtaining any equipment and internet service necessary to access the Website and for paying any fees for the equipment and services You select. We may alter, suspend, or discontinue this Website or the Content in whole or in part, at any time and for any reason, without notice. The Website may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons.

We may offer You different tiers of access to Content on the Website. You have the option to sign up for free Content or You may sign up for paid Content. We may offer different benefits to free Content subscribers or to subscribers who pay for Content, and We reserve the right to change Our Content offerings and pricing from time to time. The fee for paid Content may vary based on the nature and frequency of the Content that We provide to You. Fees for paid Content may also vary based on whether you subscribe as an individual, an organization, a student, or other subscription types. We may offer certain Content at no fee, provided that You understand that We may choose not to continue to do so at any time.

Nothing in these Terms of Use shall be taken to require Project Adventure to continue to provide services that are of like nature to the Content.

 

3. Website Content:

Users have a limited personal, non-transferable, non-exclusive, non-sublicensable right to access the Content of this Website subject to these Terms of Use. You are responsible for Your use of the Website.

Project Adventure does not warrant or represent that the Content will be error-free, uninterrupted, or secured. The Content may contain typographical errors, other inadvertent errors, or inaccuracies. We reserve the right to make changes to document names and content, descriptions or specifications of products or services, or other information without obligation to issue any notice of such changes.

You may view, copy, download, and print Content that is available on this Website, subject to the following conditions:

a. The Content may be used solely for internal informational purposes. No part of this Website or its Content may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording for any other purpose.
b. The Content may not be modified.
c. Copyright, trademark, and other proprietary notices may not be removed.
d. You may not use any data mining, robots, or similar data-gathering or extraction methods.
e. Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Website or any Content displayed on this Website, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms of Use; or (b) with Our prior written permission or the permission of such third party that may own the trademark or copyright of material displayed on this Website.
f. You may not use the Content, the layout of the Website, or any other material from the Website for the purpose of building a website or other service that competes with the Website. The Content is the property of Project Adventure or its licensors, and is protected by United States and international copyright laws. All rights to the Content are expressly reserved.

You shall not sell, transfer, publish, disclose, display, or otherwise make available the Content provided by Project Adventure, or copies thereof, to others in violation of these terms of use.

 

4. Registration; Identity Verification; Security

a. Registration: In order to access Our paid Content and specified free Content, You must register on Our Website. You may register directly on the Website by providing Your name, valid e-mail address, Your billing information (if applicable) including Your address, and Your username and password to create Your login profile. All information that is provided to Project Adventure, including without limitation Your credit card information, is subject to Project Adventure’s Privacy Policy.

b. Accuracy: You may use this Website (but not paid Content) without volunteering personal information. Please refer to Our Privacy Policy for additional information on Our practices for handling personal information. However, if You choose to provide personal information to register for an account on this Website, You agree to provide accurate, complete, and current information as may be prompted by any registration forms on the Website and as requested on the screens that collect information from You.

You are responsible for keeping Your registration information current through the account page on the Website. We have no obligation to confirm any user’s identity or to investigate any user’s reputation, conduct, morality, or criminal background.

c. Security: When You register on Our Website, You are responsible for protecting Your login and password from unauthorized use. You are also responsible for all activity using Your login credentials that occurs on Your account (including without limitation financial obligations). You agree to notify Project Adventure immediately if You believe that Your login or password has been or may be used without Your permission so that appropriate action can be taken. We are not responsible for losses or damage caused by Your failure to safeguard Your login and password.

 

5. Fees; Payment Terms

On the Website, Project Adventure describes the fees and any other charges for use of subscription Content (the “Fees”). If You choose to subscribe to paid Content, You will be charged Our Fee for the type of Content You requested. Your rights regarding paid Content under these Terms of Use are subject to Fees payable by You upon registration.

We reserve the right to change Our Fees from time to time. If We change Our Fees, We will give You at least thirty (30) days’ written notice. Upon notice of a Fee change, Your continued use of the Website and Content after the change indicates Your agreement with the new Fees after the effective date of the change. Any change to the Fees will not apply until the billing period following the change to the Fees.

We encourage You to update Your payment method information or other account information when necessary, in order to continue to be able to use Our paid Content.

We may use a third party payment service to bill You through an online account (Your “Billing Account”) for Content. By submitting Your credit card information, You grant Project Adventure the right to store and process Your information with any such third party payment service, which Project Adventure may change from time to time. You agree that Project Adventure will not be responsible for any failures of the third party to adequately protect such information. The processing of payments will be subject to the terms, conditions and privacy policies of the payment processor in addition to these Terms of Use. You acknowledge that We may change the third party payment service and move Your information to other service providers that encrypt Your information using secure socket layer technology (SSL) or other comparable security technology.

 

6. Limitation of Liability

USE OF THE CONTENT IS AT YOUR SOLE RISK AND DISCRETION. PROJECT ADVENTURE DISCLAIMS ALL LIABILITY ARISING OUT OF OR RELATED TO THE WEBSITE AND CONTENT, INCLUDING VIDEOS, PHOTOS, DIAGRAMS, AND DESCRIPTIONS OF ACTIVITIES. IN NO EVENT SHALL PROJECT ADVENTURE OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY USER OF THIS WEBSITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE CONTENT OR SERVICES) ARISING OUT OF OR RELATING TO THESE TERMS OF USE, INCLUDING THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF THE WEBSITE, THE CONTENT, OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF PROJECT ADVENTURE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

By using Our Website or accessing Our Content, You agree to release Project Adventure from any and all claims, demands or damages, equitable relief, or any other legal, equitable or administrative remedy, of any kind or nature, whether known or unknown; suspected or unsuspected; disclosed or undisclosed; past, present, or future, arising out of or in connection with Your access to or use of the Content on the Website.

YOU AGREE THAT PROJECT ADVENTURE’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS OF SERVICE, THE WEBSITE, THE CONTENT, OR ANY PRODUCT OR SERVICES WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO PROJECT ADVENTURE FOR YOUR ACCESS TO THE WEBSITE AND CONTENT IN THE CALENDAR YEAR PRIOR TO THE DATE OF THE FIRST PERMITTED CLAIM YOU MAY HAVE AGAINST PROJECT ADVENTURE.

EXCEPT AS EXPRESSLY PROVIDED HEREIN, ALL TEXT, IMAGES, AND OTHER CONTENT ON OR ACCESSIBLE FROM THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, PROJECT ADVENTURE DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE ON THIS WEBSITE IS FREE OF ERRORS; (ii) THE PRODUCTS OR SERVICES ARE NOT DEFECTIVE; (iii) THE FUNCTIONS OR SERVICES (INCLUDING BUT NOT LIMITED TO MECHANISMS FOR THE DOWNLOADING AND UPLOADING OF CONTENT) PROVIDED BY THIS WEBSITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (iv) DEFECTS WILL BE CORRECTED; OR (v) THIS WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

CERTAIN CONTENT DEPICTS ACTIVITIES DESIGNED TO BE VIEWED AND CONDUCTED BY TRAINED PROFESSIONALS. THESE ACTIVITIES ARE INCLUDED AS DEMONSTRATIVE TRAINING AIDS, AND SHOULD NOT BE ATTEMPTED UNLESS YOU HAVE APPROPRIATE PROFESSIONAL TRAINING AND EXPERIENCE. PROJECT ADVENTURE SHALL NOT BE LIABLE FOR ANY PROPERTY DAMAGE OR PERSONAL INJURIES OR DEATH CAUSED BY THE USE OF THE CONTENT.

Project Adventure activities depicted in the Content involving the installation and use of equipment and activities are potentially hazardous by their very nature, with a danger of personal injury if undertaken by a non-professional or someone without training. You are aware of and accept these risks, and You will be responsible for Your own actions and involvement related to the Website and Content. Anyone desiring to implement Project Adventure activities must:

a. have proper training and instruction regarding its safe use;
b. ensure proper oversight, supervision and instruction (including the use of appropriate safety equipment) for themselves and others using the equipment;
c. assume all risks and accept full responsibility for any damage or injury, including death, that may arise from its use.

Information provided by Project Adventure through this Website and its Content is not a substitute for supervision or in-person guidance by a trained professional in accordance with a comprehensive program. Please contact Us to address specific questions You may have regarding a particular Project Adventure activity at Your location.

 

7. Exclusions

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

8. No Class Actions

YOU AGREE THAT ANY CLAIMS YOU ASSERT AGAINST PROJECT ADVENTURE SHALL BE BROUGHT SOLELY BY YOU AND NOT AS PART OF A CLASS OF CLAIMANTS.

EACH PARTY HEREBY WAIVES ANY RIGHT TO SEEK REMEDY AGAINST THE OTHER PARTY, IN CONNECTION WITH THESE TERMS OF USE, THE WEBSITE, AND THE CONTENT, THROUGH A CLASS ACTION.

 

9. Content Submitted by Users

a. Liability. We are not responsible or liable for the conduct of users or for any views, opinions and statements expressed in Content submitted for public display through Our Website. We do not prescreen information or Content submitted by You or other users. We only act as a passive conduit for distribution and are not responsible for Content submitted by You or other users. Any opinions, advice, statements, services, offers, or other information in Content expressed or made available by users of Project Adventure are those of the respective author(s) or distributor(s) and not of Project Adventure. We neither endorse nor guarantee the accuracy, completeness, or usefulness of any such Content. You are responsible for ensuring that Your own Content submitted to this Website is not provided in violation of any copyright, trade secret or other intellectual property rights of another person or entity. You shall be solely liable for any damages resulting from any infringement of copyrights, trade secret, or other intellectual property rights, or any other harm resulting from Your uploading, posting or submission of Content to this Website.
b. Monitoring. We have the right, but not the obligation, to monitor Content submitted to the Website to determine compliance with these Terms of Use. We have the right in Our sole discretion to edit or remove any Content submitted to, posted to, or provided through the Website, including without limitation any Content that is forbidden under the section “Prohibited Conduct”. Without limiting the foregoing, We have the right to remove any material that Project Adventure, in its sole discretion, finds to be in violation of these Terms of Use or otherwise objectionable, and You are solely responsible for the Content that You post to this Website.

 

10. Prohibited Conduct

By accessing Our Website or Content, You agree to abide by the following standards of conduct. You agree that You will not, and will not authorize or facilitate any attempt by another person to use Our Website, without limitation, to:

a. Transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious, or otherwise objectionable, as determined by Project Adventure.
b. Use a name or language that Project Adventure, in its sole discretion, deems offensive.
c. Post defamatory statements.
d. Post hateful or offensive Content or Content that disparages any ethnic, racial, sexual, gender, religious, or other group.
e. Post Content that depicts or advocates the use of illegal drugs.
f. Post Content that characterizes violence as acceptable, glamorous or desirable.
g. Post Content which infringes another’s copyright, trademark or trade secret.
h. Post unsolicited advertising or unlawfully promote products or services.
i. Harass, threaten, stalk or intentionally embarrass or cause distress to another person or entity.
j. Impersonate another person.
k. Promote, solicit, or participate in any multi-level marketing or pyramid schemes.
l. Exploit children under 18 years of age.
m. Engage in disruptive activity such as sending multiple messages in an effort to monopolize the forum.
n. Introduce viruses, worms, Trojan horses and/or harmful code to the Website.
o. Obtain unauthorized access to any computer system through the Website.
p. Invade the privacy of any person, including without limitation posting personally identifying or otherwise private information about a person without their consent (or their parent’s consent in the case of a child under 13 years of age).
q. Solicit personal information from children under 13 years of age.
r. Violate any federal, state, local, or international law or regulation.
s. Encourage conduct that would constitute a criminal or civil offense.

In addition, You may not use automated scripts to collect information or otherwise interact with Our Content or the Website.

Project Adventure reserves the right to consider other conduct to be prohibited; this section is intended to be illustrative.

 

11. Indemnification

a. General: By using this Website and Our Content, You agree to indemnify, hold harmless and, at Our option, defend Project Adventure from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to reasonable attorneys’ fees, resulting directly or indirectly from a claim by a third party that arises in connection with use of this Website or Our Content by You or any other person accessing the Website using Your account. Your agreement to these Terms of Use includes, without limitation, Your use of any content that You acquire via the Website; and/or Your gross negligence or willful misconduct.
b. Procedure: A party’s obligations to indemnify the other party with respect to any third party claim, action or proceeding shall be conditioned upon the indemnified party: providing the indemnifying party with prompt written notice of such claim, action or proceeding, permitting the indemnifying party to assume and solely control the defense of such claim, action or proceeding and all related settlement negotiations, with counsel chosen by the indemnifying party, and cooperating at the indemnifying party’s request and expense with the defense or settlement of such claim, action or proceeding which cooperation shall include providing reasonable assistance and information. No indemnified party shall enter into any settlement agreement for which it will seek indemnification under this Agreement from the indemnifying party without the prior written consent of the indemnifying party, which shall not be unreasonably withheld. Nothing herein shall restrict the right of a party to participate in a claim, action or proceeding through its own counsel and at its own expense.

 

12. Minors

Our Content is available only to, and may only be used by, individuals who are 18 years or older and who can form legally binding contracts under applicable law. Individuals under the age of 18 can use the Website, Content, and all related services only in conjunction with and under the supervision of a parent or legal guardian. In this case, the adult is the user and is responsible for any and all activities, subscribers and purchasers.

 

13. Intellectual Property Rights

a. General. Unless otherwise noted the Website, all Content contained on this Website is the property of Project Adventure and/or its affiliates or licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. Product and company names are trademarks or registered trademarks of their respective owners.
b. Suggestions: If You provide any feedback, an idea for improvement, or other suggestions (collectively, “Suggestions”) regarding the Website or Content, You hereby grant Project Adventure a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use any such submissions for improvement or other suggestions for any purpose whatsoever.

By using the Website, You authorize Project Adventure, on a royalty-free basis, to use and exploit any aggregated data regarding Your use of the Website and access of the Content, so long as such use does not identify You. For more information, please see Our Privacy Policy.

 

14. Copyright Infringement; Notice and Take Down Procedures

If You believe that any materials on this Website infringe Your copyright, You may request that they be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative and must include the following information: (1) identification of the copyrighted work that You believe to be infringed, including a description of the work and, where possible, a copy or the location of an authorized version of the work; (2) identification of the material that You believe to be infringing and its location, including a description of the material, its Website location or other pertinent information that will help Us to locate the material; (3) Your name, address, telephone number, and email address; (4) a statement that You have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law; (5) a statement that the information in Your claim is accurate; and (6) a statement that “under penalty of perjury,” You declare that You are the lawful copyright owner or are authorized to act on the owner’s behalf. For copyright issues relating to this Website, please contact:

Project Adventure
719 Cabot Street
Beverly, MA 01915
Tel: 978-524-4500
info@pa.org

In an effort to protect the rights of copyright owners, Project Adventure maintains a policy for the termination, in appropriate circumstances, of users of this Website who are repeat infringers.

 

15. Limited Warranty

As a condition of Your use of this Website, You warrant that (i) You are at least 18 years of age, or if under 18, You are operating under supervision of a parent or legal guardian; (ii) You possess the legal authority to create a binding legal obligation; (iii) You will use this Website in accordance with this Agreement; (iv) all information supplied by You on this Website is true, accurate, current and complete, and (v) if You have an account with Project Adventure, You will safeguard Your account information and will supervise and be completely responsible for any use of Your account by You and anyone other than You. We retain the right at Our sole discretion to deny access to anyone to this Website and the services We offer, at any time and for any reason, including without limitation for violation of this Agreement.

 

16. Links to Third-Party Websites.

The Website may contain links to third party websites, as well as other information that has been incorporated into the Website from third party websites, that are provided to You as a convenience. Any outside website or content incorporated from third party websites that is accessed from Our Website is independent from Project Adventure. We have no control over and are not responsible for the content or policies of any linked website or material incorporated from third party websites. We are not responsible for any loss or damage incurred in connection with Your use of such links or incorporated content or dealings with the operators of such third party Websites.

 

17. No Implied Endorsements

In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by Project Adventure of that third party or of any product or service provided by a third party. Likewise, a link to any third party website does not imply that We endorse or accept any responsibility for the content or use of such a website. Project Adventure does not endorse, warrant or guarantee any product or service offered by any third party, and will not be a party to or in any way monitor any transaction involving any third party providers of products or services. As with the purchase of a product or service through any medium or in any environment, You are responsible for exercising appropriate judgment and caution.

 

18. International Access

This Website may be accessed from countries other than the United States, although We do not guarantee that any country will allow access to this Website. We make no representation that information on this Website, or the Content We provide, is appropriate or available for use outside the United States.

This Website and the Content may contain references to material that is only available within the United States and U.S. territories. Any such references do not imply that such material will be made available outside the United States. If You access and use this Website from outside the United States You do so at Your own initiative and at Your own risk, and You are responsible for complying with applicable local laws and regulations.

The laws of the United States prohibit the export of certain products, software, and data to particular persons, territories, and foreign states. Nothing from the Website may be exported, in any way, in violation of United States law.

 

19. Termination

We may terminate any user’s account or access to the Website or Services, without limitation, at Our sole discretion, for any reason and at any time, with or without prior notice. You agree that You have no recourse if We do so and that We are not liable to You or any third party for any termination of Your access to the Website or Content, including without limitation for any refunds related to Content that You have purchased from Project Adventure. For example, but without limitation, if You violate these Terms of Use or Our policies, or otherwise may harm Our business interests, We may delete Your account. We may also take steps to prevent certain users from re-registering with the Website, at Our sole discretion.

Project Adventure may also terminate these Terms of Use immediately without cause in the event that Project Adventure ceases to make available its Content to users generally.

As a registered user of Project Adventure, You may unsubscribe by emailing info@pa.org or by choosing to unsubscribe as may be provided in applicable email correspondence. You may delete Your account with Project Adventure at any time.

 

20. Governing Law and Jurisdiction

Your use of the Website is subject to all applicable local, state, and national laws and regulations.

These Terms of Use shall be governed and interpreted by the laws of the Commonwealth of Massachusetts, United States of America, notwithstanding any principles of conflicts of law to the extent that such principles would permit application of the law of any other jurisdiction. You consent to the exclusive jurisdiction and venue of the courts located within the Commonwealth of Massachusetts.

 

21. Severability

The headings and captions used in these Terms of Use are for convenience only and are not to be considered in construing or interpreting these Terms of Use. If any part of these Terms of Use is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

 

22. Entire Agreement

These Terms of Service constitute the entire agreement between the parties relating to the subject matter herein. We may, at Our sole discretion and without notice, revise these terms at any time by updating this posting.

Except as expressly set forth in these Terms of Use, no license or other right in or to the Content is granted to You, by implication, estoppel, or otherwise, and all such licenses and rights are hereby reserved.

Project Adventure and You are independent contractors and are not partners, joint venturers, agents, employees, or representatives of the other party. These Terms of Use contain the entire understanding of the parties with respect to the transactions and matters contemplated hereby, supersedes all previous communications, understandings, and agreements (whether oral or written), and cannot be amended except by a writing signed by both parties.

 

23. For Additional Information

If You have any questions about these Terms of Use, please contact Project Adventure directly at info@pa.org.

Copyright 2013, Project Adventure. All Rights Reserved.
Version: June __, 2013.

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